Nechyporenko A. The rulemaking in Ukraine: concept, types, areas of improvement

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0415U004272

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень

07-07-2015

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

This research is devoted to the analysis of theoretical and legal aspects of rulemaking, determining its nature and characteristics at the present stage of development of rule of law in Ukraine, determine the causes of lack of effectiveness of standards-related activities and the development of legal measures and mechanisms to address them. The author's definition of "rulemaking" is proposed and its main features are defined. Based on the analysis of the relationship of these related categories, as a "concept of law", "forming of law" and "lawmaking", justified that rulemaking is a kind of lawmaking, that aimed at establishing the rule of law and their subsequent objectification in the laws and regulations of regulatory legal acts, types of which reflect his subjective composition. Using national experience of legal regulation of legislative activity, the reasons for its lack of effectiveness are revealed and reasonable proposals for improving its legal regulation are made in the context of public and legal impact on society.

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